A driver passes a car on a 2-lane road in the fog and hits a driver in the oncoming lane who is 24 weeks pregnant. The unborn baby is the only one who does not survive. Should the driver at fault be charged for the death of the fetus?
I say yes, because there have been babies born at 24 weeks that have survived. It is possible that the baby could have been viable outside the womb.
I like how democrats want the person to be charged for murder but when the child is purposely killed it means nothing
A baby can survive a cesarean past around 20 weeks. Definitely at 24 weeks. So yeah, the driver ended its life & should be charged with whatever is locally applicable to unintentionally killing someone with a vehicle.
well depends on if the driver was doing something illegegal when he hit them
Sounds like vehicular manslaughter to me.
It's not a fetus its a baby and yes
driver should be charged for something but what exactly I really can't say. I'd need much more time to formulate my idea regarding this bec it doesn't follow either end of the spectrum on this problem.
The only thing to make me vote no is that most states allow abortions up to 24 weeks pregnant. I am pro choice (although I think the age limit needs to be changed) and I don't feel right being a hypocrite.
I don't think you'd be a hypocrite by voting yes, assuming the woman didn't want an abortion and the life of her baby was taken away by somebody else.
No. While I'd feel terrible for the soon-to-be parents, here are some of the consequences of granting a fetus personhood:
Only if the mother decides to press charges for that particular aspect of the accident.
I would have to agree with you.
Not enough information here. We need time of day, density of fog, and awareness and skill level of driver at least.
This user is currently being ignored
Agree...Negligence, but not intent.
The reckless maneuver caused a death albeit unintentionally. Perhaps manslaughter or a reckless death charge would apply given the specifics of the case.
Yes. It's a human life.
Yes. He shouldn't drive in the fog because things like this can happen.
My take on this: a baby is considered viable around 24 weeks. Since the child could have possibly survived outside of the womb (albeit with a huge amount of intervention) had s/he been born prematurely at this gestational age, charges are warranted.
You didn't call it a baby, but you referred to its death, so it was a human life. Negligent manslaughter.
I worded it that way intentionally, referring to the lost life as a fetus once and an unborn baby once.
I wasn't criticizing, PF, just playing attorney! :-D
Ah, but you stated that I did not call it a baby, when I did. :-)
For what it's worth, I agree with you.
Yeah, but no Law School for me! :-(
Great poll as usual! ❤️
Yes. Just like if someone murders a pregnant woman, he gets charged with 2 murders.
In a land where abortion is legal, this is ridiculous. So, if a woman were on her way to an abortion clinic and gets hit, losing the baby, should that guy be charged with the baby's murder? See how ludicrous it is?
That's your opinion. You are entitled to it, just like I am to mine. It doesn't say legally could the driver be charged with anything, it says should the driver. I think he SHOULD.
Sadly, this happened Monday morning near where I live. Pictures at the bottom of the article show how thick the fog was. My heart breaks for this mother.